Former Auburn man charged in YouTube pot growing case remains jailed

BRENTWOOD – An Auburn man remained behind bars on Wednesday for failing to appear at a bail hearing earlier this month, stemming from charges that he had a marijuana growing operation that he showed off on YouTube.

Kyle Berry, 41, was arrested on a warrant June 10 for failing to appear in court after prosecutors moved to have his bail revoked following his April 22 arrest in Lawrence, Mass., in another pot-growing case.

Judge Marguerite Wageling set bail at $20,000 cash or surety for Berry after hearing arguments from Assistant County Attorney Michael Zaino about revoking bail pending trial.

Berry faces charges in Rockingham County that he allegedly grew $16,000 worth of marijuana plants at his Auburn apartment on Jan. 8, and chronicled his progress on YouTube.

Rockingham County sheriff deputies said they used the videos – which also captured Berry’s face in foil covered wall – to obtain arrest and search warrants in the case.

Berry came to court on Wednesday with packet called a "Marijuana Recommendation Kit" that was signed by a Methuen, Mass. doctor.

Massachusetts recently passed a medical marijuana law in November. The state's Department of Public Health is developing regulations, but has yet to create a registration process for patients.

Berry argued through his public defender that he was only consuming the marijuana because of several medical conditions he has accumulated over the years.

In Rockingham County, Berry faces felony charges of possession of a controlled drug with intent to sell, manufacture of a controlled drug and a misdemeanor count of possession of a controlled drug.

Berry's second arrest came at his daughter’s home in Lawrence, Mass. on April 22.

Police found 16 plants growing under heat lamps and fans in a nearby closet, police said.

His daughter told police that she wanted her father out of the apartment because she was having ongoing arguments with him, but mentioned he was growing marijuana in his apartment as well.

Prior to being taken into custody, Berry told police, "It's legal. I have a prescription," and handed officers paperwork about the marijuana, according to a police report.

Berry faces up to 7½ to 15 years in state prison if he is convicted in the New Hampshire case.